The Supreme Court (SC) set aside the National Green Tribunal (NGT) order on Auroville Township Project in Puducherry on March 17, 2025. NGT had restrained Auroville Foundation from proceeding with a proposed township project in Puducherry without environmental clearance (EC). The apex court said no substantial question relating to the environment had arisen, nor violation of any of the enactments specified in Schedule-I was alleged.
“The Tribunal therefore had committed gross error in assuming the jurisdiction and giving directions untenable in law,” the SC said. There is the need for “sustainable development harmonising and striking a golden balance between the right to development and the right to clean environment”, the bench of Justice Bela M Trivedi and Justice Prasanna B Varale said.
The SC said the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) had made its stand very clear in its affidavit filed before the tribunal. It had said the Auroville Township Project was under construction much before the EIA Notification, 1994 and its amendment in 2004, and therefore could not be considered as a new Project under the said Notification of 2004.
It was also made clear that there was no change in the scope of the township project from the original master plan and as such, the township project would not affect the provisions of EIA Notification, 2006 and its amendments for the grant of EC.
“Again curiously, the Tribunal without any material on record, brushed aside the said stand taken by MoEF&CC in its affidavit, by holding that any further activity to be done by the Appellant Foundation, could be permitted to be carried out only after obtaining necessary prior EC, and then proceeded to appoint the Joint Committee to inspect the area in question and to ascertain whether the width of the road at suitable places could be reduced so that the number of trees to be cut can be minimized,” the SC observed.
Such directions clearly fall outside the purview of the jurisdiction of the tribunal, particularly when no substantial question relating to the environment was shown to have arisen in implementation of any of the enactments specified in Schedule I appended to the NGT Act, the SC said.
The Central Ground Water Authority (CGWA) has issued directions to State Ground Water Authority (SGWA) under section 5 of EP Act, 1986 to impose environmental compensation (EC) as per Union Ministry of Jal Shakti guidelines for illegal groundwater withdrawal by housing complexes, industrial units, commercial establishments and several other entities.
This has been done due to non-availability of provision of EC in SGWA guidelines. It will be done till the time EC provision is being incorporated in the SGWA guidelines through a letter dated December 11, 2024.
This was stated in the report dated March 17, 2025, filed by the CGWA regarding use of groundwater by cricket stadiums.
The NGT vide an order dated November 26, 2024, had directed CGWA to compile information on cricket stadiums and tabulate it specifically. This would include the status of borewells, extent of groundwater withdrawal, permissions for borewells, status of use of (sewage treatment plant) STP- treated water and status of rainwater harvesting structures installed in the stadiums, the environmental compensation imposed and the status environmental compensation deposited.
In pursuance to the NGT order, the report by CGWA said the ACA cricket stadium in Barsapara, Assam was directed by the state pollution control board to pay EC of Rs 11,20,230. The stadium has five borewells, extent of groundwater withdrawal was 54 KLD / 16590 KLY and STP installed capacity of 10 KLD. However, recycled water was not being used and 1 recharge pit was constructed.
The Saurashtra Cricket Association Stadium in Rajkot has three dugwells and two borewells. The extent of groundwater withdrawal is 65.20 cubic metres per day.
However, the report said that it is practically not possible to have STPs at the stadium. For a solution, the Saurashtra Cricket Association has signed an agreement with Rajkot Municipal Corporation (RMC) to use treated water from its sewage treatment plants to maintain the Niranjan Shah stadium.
As per the MoU, RMC has agreed to provide the stadium about 100,000 litres as per requirement of treated water per day which will be sufficient to meet about 80 per cent need of the water required for the ground and outfield. The stadium has paid the EC of Rs 928,431.
Total wet waste generated is 3,832 tonnes per day (TPD) out of which 3,613 TPD has been processed. Thus, there is a gap of 219 TPD, stated the report filed by Karnataka on March 17, 2025.
Some of the actions taken to tackle the gap in wet waste management include setting up of composting plants of 5,038 TPD capacity in 218 urban local bodies for Rs 1,195.30 crore.
Of a total 5,393 works, 88 per cent of the works have been completed, 295 works are in progress and balance 330 works are yet to be undertaken. All works will be completed by December 2025. Further, GAIL is conducting feasibility studies for establishing bio-methanation plants in 16 districts of Karnataka.
Of a total 2,609 TPD of dry waste generated, 1,728 TPD has been processed. Thus, a gap of 881 TPD remains and the timeline for meeting the gap is December 2026.